Bill Text: HI SB59 | 2022 | Regular Session | Introduced
Bill Title: Relating To Health.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-12-10 - Carried over to 2022 Regular Session. [SB59 Detail]
Download: Hawaii-2022-SB59-Introduced.html
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THE SENATE |
S.B. NO. |
59 |
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THIRTY-FIRST LEGISLATURE, 2021 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to health.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that, during the coronavirus disease 2019 (COVID-19) pandemic, state and federal inspectors raised numerous concerns and questions about the Yukio Okutsu State Veterans Home response to the pandemic. As a result, the group running the veterans' home in Hilo, Hawaii has been fined nearly $30,000. Overall, nursing homes are blamed for about forty per cent of all known COVID-19 deaths in the United States, which now top over 376,000. Accordingly, to help prevent additional spread of infectious diseases, the purpose of this Act is to:
(1) Require all operators of adult residential care
homes, assisted living facilities, long-term care facilities, nursing homes, and
community care facilities for the elderly to establish and implement infectious disease control and prevention
training and other related protocols;
(2) Require
the department of health to ensure compliance with infectious disease control and
prevention training programs prior to the issuance or renewal of a license;
(3) Authorize
the department of health to conduct random audits to determine compliance with infectious
disease control and prevention training program or course requirements;
(4) Require
the department of health to establish a hotline to field calls and complaints regarding
violations;
(5) Authorize
the department of health to adopt rules, including emergency rules, and assess fines;
(6) Require
the department of health to conduct an annual announced and scheduled visit and
inspection for all state-licensed or state-certified care facilities, in addition
to its required annual inspections without notice; and
(7) Require applicants for nursing home administrator licenses to demonstrate at least five years of experience and the ability to document all training, experience, and certifications.
SECTION 2. Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§321- Care
homes; infectious disease control and prevention; licensing; rules; fines. (a)
All operators of adult residential care homes,
assisted living facilities, long-term care facilities, nursing homes, and community
care facilities for the elderly, shall:
(1) Require all employees
and staff to annually complete an infectious disease control and prevention training
program or course that is authorized by the department or approved or accredited
by an accrediting agency or body. All new
employees or staff shall complete the training program or course within forty-five
days of hire;
(2) Establish and implement
an ongoing internal training program for all staff and employees, including clerical,
administrative, and kitchen staff, regarding the procedures and protocols for the
control and prevention of infectious diseases. The internal training program shall include the
protocol for notifying the Hawaii emergency management agency when necessary;
(3) Maintain adequate
staffing to include staff or employees specifically responsible for re-directing
patients who may be unable to comply with social distancing guidelines or requirements,
infectious disease guidelines, or other protocols;
(4) Close all dining
rooms, group activity rooms, common areas, and public gathering areas during times
of a declared pandemic or outbreak of an infectious disease; provided that these
areas may be reopened according to infectious disease protocols and guidelines established
by the home or facility;
(5) Assign staff to designated groups or units to prevent the rotation of staff that could lead to potential cross-contamination, which shall apply to all kitchen, maintenance, or any other positions necessary in the performance of daily duties;
(6) Monitor the inventory of
personal protective equipment, which shall include gowns, face masks, gloves, and
shoe covers. Shift leaders or other authorized
personnel shall review infectious disease guidelines before each shift, continue
to update patient information, and document inventory of personal protective equipment
at each shift change;
(7) Establish sanitation
stations and locker rooms for staff and employees to shower and change out of work
garments and shoes to be bagged and laundered after each shift. Shoes worn during a shift shall not be worn outside
the home or facility; and
(8) Organize and maintain
data on all patients including:
(A) Medical
conditions;
(B) Advance
directives;
(C) Whether
the patient can wear a face mask; and
(D) Whether
the patient wanders due to a medication or condition.
This data shall be made viewable
to the department during visits and inspections pursuant to section 321‑1.9.
(b) The department shall ensure compliance with the infectious disease control and prevention
training program or course requirements established by this section prior to the
issuance or renewal of any license pursuant to this chapter.
(c) The
department may conduct random audits to determine compliance with infectious disease
control and prevention training program or course requirements established by this
section. The department shall provide written
notice of an audit to a licensee randomly selected for audit. Within sixty days of notification, the licensee
shall provide the department with documentation verifying compliance with the training
program or course requirement established by this section.
(d) The
department shall establish a hotline to field anonymous calls by staff, patients,
or relatives of patients, of complaints or violations of this section to prevent
against retaliation. The operators of adult
residential care homes, assisted living facilities, long-term care facilities, nursing
homes, and community care facilities for the elderly, shall post a clear and conspicuous
sign at the primary public entrance of the home or facility that specifies the department's
hotline information.
(e) The department shall adopt rules pursuant to chapter
91 necessary to carry out the purpose of this section, including the assessment
of fines that may be collected for violations of this section. The department shall have the authority to adopt
emergency rules pursuant to section 91-3(b) if imminent peril to the public health
and safety requires adoption of a rule.
(f) All fines collected under this section shall be
deposited in the general fund of the State."
SECTION 3. Section 321-1.9, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Unannounced visits may be conducted during or outside regular business hours. All inspections relating to follow-up visits, visits to confirm correction of deficiencies, or visits to investigate complaints or suspicion of abuse or neglect shall be conducted unannounced during or outside regular business hours. Annual inspections for relicensing or recertification may be conducted during regular business hours or at intervals determined by the department. Annual inspections for relicensing or recertification shall be conducted without notice. The department shall additionally conduct an annual announced and scheduled visit and inspection for all state-licensed or state-certified care facilities."
SECTION 4. Section 457B-3.1, Hawaii Revised Statutes, is amended to read as follows:
"§457B-3.1
Conditions concerning qualifications for licensure examination. The director shall adopt rules setting
minimum educational, training, and experience qualifications that must be
satisfied before an applicant is allowed to sit for the licensing examination[.];
provided that an applicant shall demonstrate a minimum of five years of experience;
provided further that all training, previous places of employment, references, abilities
to communicate with staff at all levels, and certifications be documented by the
applicant."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Nursing Homes; Long-Term Care Facilities; Assisted Living Facilities; Department of Health; Disease Control and Prevention; Licenses; Rules; Fines
Description:
Requires operators of adult residential care homes, assisted living facilities, long-term care facilities, nursing homes, and community care facilities to establish and implement infectious disease control and prevention training and other related protocols. Requires the Department of Health to ensure compliance with infectious disease control and prevention training programs prior to the issuance or renewal of a license. Authorizes the Department of Health to conduct random audits to determine compliance with infectious disease control and prevention training program or course requirements. Requires the Department of Health to establish a hotline to field calls and complaints regarding violations. Authorizes the Department of Health to adopt rules, including emergency rules, and assess fines. Requires the Department of Health to conduct an annual announced and scheduled visit and inspection for all state-licensed or state-certified care facilities, in addition to its required annual inspections without notice. Requires applicants for nursing home administrator licenses to demonstrate at least five years of experience and the ability to document all training, experience, and certifications.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
